DUI CHECKLIST

Date:30 May 2017

Re:Checklist of issues to address in a typical DUI

investigation

This is intended to be a checklist or reminder of issues that a road officer should address in a typical operating while intoxicated case. Of course, every case is different so the LEO must adapt this checklist for each investigation, and not all issues will be present in all cases.

Completed / Task/Issue / Notes/Date Completed
Venue: What is the location of my observation of the subject’s driving behavior?
Venue: What is the county where the subject drove?
Vehicle: What is the year, make, and model of the subject’s vehicle?
Vehicle: Are there any unique characteristics of the subject’s vehicle? Example: damage, bumper stickers, etc.
Vehicle: What is the VIN and license plate number, and who is/are the registered owner(s)?
Driving: What first drew my attention to the subject’s vehicle?
Driving: Did I observe erratic driving behavior by the subject’s vehicle? If so, describe. Example: weaving in lane, crossing the center line, speeding up/slowing down, etc.
Driving: Did I observe any equipment, license, or registration violation(s)? If so, describe.
Time: Did I document the time that I observed the subject driving?
Endangerment: Was any person endangered by the subject’s driving behavior? Identify the person(s) endangered (if possible) and describe the subject’s driving behavior that endangered the person; also describe distance and any other circumstances that contributed to endangerment.
Crash: Did I observe the subject crash his vehicle? If so, describe events leading to the crash.
Stop: What was the reason I stopped the vehicle? Be sure to identify, including statutory citations, any infractions witnessed. If stop was based, in whole or in part, on witness statements, identify witnesses and what each said.
Stop: Describe subject’s driving/other behavior after lights and/or siren engaged.
Pursuit: Did the subject refuse to stop when ordered? If so, describe route and driving behavior or, if foot pursuit, describe route and subject’s actions/statements. Also recite my loud verbal commands.
Approach: How did I approach the vehicle/subject? Driver’s side or passenger side? Be sure to relate conversation with driver/passenger(s).
Observations: What did I observe about the driver? Examples: slurred speech, watery and/or bloodshot eyes, quantify the odor of alcoholic beverage, unsteady balance, etc. Be certain that I have evidence of both impaired mental abilities and impaired physical abilities.
Observations: What did I observe about the vehicle? Examples: fresh damage, open containers, vomit, etc.
Observations: What did I observe about the subject’s attitude? Was s/he friendly, cooperative, reluctant, confused, agitated, upset, angry, etc.
Identification: How did I identify the subject? Did s/he produce a driver’s license, ID card, name and date of birth, foreign country documents, etc?
Identification: If the identification documents produced contained a picture of the subject, did I compare the picture to the person? I must be able to identify the subject in court.
Identification: What other steps did I undertake to ensure the identity of the subject?
Crash: If I was called to the scene of a crash, how did I determine who was driving and his/her identity?
Crash: Briefly describe the cause of the crash, the crash scene, others involved in the crash, injuries, etc.
P.B.T.: Identify the P.B.T. instrument I used, the preparation of it, the steps undertaken to administer, and the result.
Field Sobriety Tests: If I conducted field sobriety tests on scene, describe the scene, weather conditions, traffic conditions, the tests as described by me, the tests as performed by the subject, and the results of the tests (pass/fail).
Implied Consent: Did I document my advisement of implied consent to the subject?
Search of Vehicle: Did I search the vehicle? What warrantless search theory did I rely on? Examples: search incident to arrest, Carroll Doctrine, automobile ‘frisk’, etc.
Search of Vehicle: What, if anything, did I locate on the search?
Impound/Tow/Inventory: Did I decide to impound the vehicle? Describe the basis for the decision to impound. Who towed the vehicle? Where was it towed? Was an inventory completed? If so, attach a copy of my department’s SOP, along with documentation of what was inventoried.
Search of Subject: After detaining and handcuffing the subject, did I conduct a pat-down? If so, what did I find?
Transport for Certified Test: Did the subject make any statements during transport to a certified test? If so, recount those statements.
Certified Test: Which certified chemical test(s) did I offer to the subject? Did he take the test(s) or refuse?
Refusal: If the subject refused, did I advise him/her of the penalties for refusal and re-offer the test?
Certified Test: If the certified chemical test that I offered was blood or urine, and the subject provided a sample, have I attached all forms and documents?
Certified Test: If the certified chemical test was breath, did I outline each of the approved steps that I engaged in?
Certified Test: What was the result of the certified test?
Certified Test: Was the test administered within three (3) hours of my observation of the subject driving?
Decision: Did I decide to arrest for operating while intoxicated or not?
Enhancements: What were the factors I used to enhance the base charge of operating while intoxicated? Examples: prior conviction within 5 years, passenger under age 18, serious bodily injury to someone other than subject, etc.
Interrogation: Did I mirandize the subject and ask her/him questions that would tend to incriminate him/her? If so, recount the incriminating statements.
Interview(s): Did I interview all witnesses in the case?
Assisting LEOs: Have I identified all LEOs who assisted me?
EVIDENCE ATTACHED:
Drivers License/ID Card
Registration
Receipt for Drivers License
Driving Record
Criminal Record
In-Car Video
Body Worn Camera Video
Photos/Video of Vehicle
Crash Report/Diagram
CAD/Spillman Report
Impound/Tow/Inventory Report
Infraction(s)/Criminal Charge(s)
DUI Information and P.C. Affidavit
Copy of Implied Consent/Refusal Warning Card
Consent to Search
Impoundment/Inventory Form
Tow Receipt
Certified Test Documents
Certified Test Results
Operator Certification Certificate
Instrument Certification Certificate
Miranda Rights Waiver Form
Copies of all Witness Statements
Supplemental Reports from all Assisting LEOs
Any Other Evidence/Documents Unique to this Case
Any Other Evidence/Documents Unique to this Case